Review Article l M ba ed o i l a G Global Media Journal 2019 J ournal Vol.17 No.32:168 The Global Network of ISSN 1550-7521

Legislative International Framework to Miral Al Ashry*

Protect the in Armed Conflict Political Mass Media, Future University Zones in the Middle East (FUE), Cairo, Egypt

*Corresponding author: Miral Al Ashry Abstract The recent war in Middle East is a perfect illustration of the growing risks faced  [email protected] by journalists working in conflict zones. It is therefore important to call renewed attention to the fact that attacks against journalists and media equipment are illegal under international humanitarian law and the Legislative International Framework Associate Professor, Political Mass Media, protecting journalists consists predominantly of International Humanitarian Law, Future University (FUE), Cairo, Egypt. supplemented by International Human Rights Law and International Criminal Law. In addition, most of the Arab countries after Arab spring revolution 2011 changed Tel: +0201222674849 the constitution to protect the journalists. In light of the increasing threats in armed conflicts, but the reality is very dangers 1293 journalists liked between years 2011 to 2018 (UNESCO observatory of killed journalists), journalists being a Citation: Ashry MA. Legislative International war reporter has become an inherently dangerous task nowadays. Framework to Protect the Journalists In light of the growing threats in armed conflicts, being a war correspondent in Armed Conflict Zones in the Middle has become an inherently dangerous task. Journalists are not only at risk of East. Global Media Journal 2019, 17:32. becoming so-called collateral damage during military operations, they are also increasingly targeted from regimes and terrorists. It is subsequently essential that the international community re-evaluate journalists with laws to protect them in armed conflicts and to allow for better protection and consequently less casualties in the imminent future. This study aims the protections afforded to journalists by the international laws and detecting proposals for enhanced safeguards that are most likely to effectively improve journalists' safety in the conflict zones by laws through a sample of 51 journalists who were subjected to abuses in Middle East war. In this regard, this study will argue about the legal protections are not enough to protect the journalists so that the study will implement new legislative international framework to save the journalists. Keywords: Legislative International Framework, Protect the Journalists, Armed Conflict Zones, War in the Middle East

Received: February 10, 2019; Accepted: February 17, 2019; Published: February 25, 2019

Introduction journalists will die or fear from physical safety or job security. The freedom of expression constitutes one of the fundamental Indeed, it could arguably be one of the most dangerous foundations of a democratic society we can see it in the Middle occupations in the world, journalists and media professional[s] East after revolution 2011 with a particular importance to protect make the courageous choice to travel to conflict zones, to cover the as one of the basic conditions for press freedom. the war and telling stories from armed conflicts and the human Therefore, the legal protection of this right, as it is affirmed in cost they entail. Amidst the so-called ‘fog of war’, they play a several international instruments on journalistic freedoms, vital role in keeping the world informed and ensuring that our deserves considerable attention within the domestic legislation responses are based on the facts and truths unfolding on the of countries. ground. It is generally accepted that without protection may of the According to the war the region in the Arab States recorded the © Under License of Creative Commons Attribution 3.0 License | This article is available in: http://www.globalmediajournal.com 1 ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

highest numbers of killings between 2016-2017. In both years, street set himself on fire to protest the arbitrary seizing of his less than 10% of overall killings took place in Africa, Western vegetable stand by police over failure to obtain a permit, this case Europe and North America, and Central and Eastern Europe, reflects the situation of the poor society. Elisabeth Johansson [3] respectively. (UNESCO Director-General's Report on the Safety So that, the street protests that ensued in Tunis, the country’s of Journalists and the Danger of Impunity, https://en.unesco.org/ capital, eventually prompted authoritarian president Zine El themes/safety-journalists/dgreport/2018) (Figure 1). Abidine Ben Ali to abdicate his position and flee to Saudi Arabia. The participants in these grassroots movements sought increased So that we have to find a close link to protect the journalists by social freedoms and greater participation in the political process international laws and the maintenance of freedom of expression [4]. Moreover, this includes the Tahrir Square uprisings in Cairo, can be detected. During armed conflicts and to propose Egypt and similar protests in Bahrain, these protests morphed improvements to the law by the journalists in line with present- into full-scale civil wars, as evidenced in countries such as Libya, day requirements. In this respect, there is a need to reaffirm Syria and Yemen [5]. that attacks against journalists is unlawful and to recall that the authorities in the world in particular Middle East preparing At the same time, great powers, such as the United States and or deciding on an attack that may affect journalists have an Russia, do their best to meddle in the business, but in which the obligation to take all possible precautions. great powers and their allies have their own interest. The interest can be accessing natural resources such as oil or water, inciting Literature Review hatred to gain more havoc and to augment one’s own efforts, improving relationship with an ally, or anything in between [6]. The conflict in the Middle East The democratization starting from Tunisia in December 2010 has The Middle East has a great geographic importance located ‘at the precipitated the countries into bloody civil wars in which also tricontinental hub of Europe, Asia, and Africa’; the Middle East great powers have interfered largely. Take Yemen and Syria, for is birthplace of the three monotheistic religions, rich in history, example [7]. UN has described Yemen’s war as world’s worst and a cradle of cultures and traditions [1]. For this reason, many man-made humanitarian crisis, which has left over 22 million European countries have shown ambitions to take the wealth of Yemenis in need of assistance [8,9]. the Middle East. So that, the journalists have to coverage the conflict countries, Many countries consider the Middle East as a region filled with the most famous examples of modern conflict reporting and conflicts, violence, and war and rich in political and ideological war-correspondence Gulf War in 1990-91 [10], Then the Arab ferment, because often these are the news which is offered from Spring 2011.As a result of war coverage, stated Carlsson and the region. Undoubtedly, the Middle East has its eventful history Pöyhtäri [11], the journalists face many problems such as the colored by battles between local religious groups, tribes, and economic resources have an impact on the way of reporting the ethnicities [2]. Middle Eastern conflicts the lack of time and pressure caused Due to the result of these religious and political reasons the Arab by haste which result in poor reporting and lack of context. Spring began in Tunisia when Mohammed Bouazizi Tunisian Moreover, the publishing are disturbed, and self-censorship is

Number of journalists killed by region in 2016-2017

2016

32 Arab states 2017

27 Asia and the Paci c

Latin America 28 and the Caribbean

Latin America 22 and the Caribbean

27 Asia and the Paci c 18 Arab states

7 Africa 6 Africa Western Europe Western Europe 6 and North America 5 and North America 2 Central and Eastern Europe 2 Central and Eastern Europe Total: 102 Total: 80 Figure 1 Number of Journalists killed by in 2016-2017.

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performed, monitoring and control, gatekeeping, propaganda – The employment of arms, projectiles or material calculated to disinformation, acts of terror, anti-terror laws, criminalization of cause unnecessary suffering, by the Declaration of St. Petersburg encryption and/or anonymity, and harassment, and of 1868; Making improper use of a flag of truce, of the national organized crime. These are critical issues in many countries, but flag or of the military insignia and uniform of the enemy, as well as especially in zones facing social, ethnic and political stress, armed the distinctive badges of the Geneva Convention; Any destruction conflicts or disaster situations [12,13]. The journalists are in a or seizure of the enemy's property that is not imperatively responsible position when reporting conflicts, for they are central demanded by the necessity of war. We find that this law will in shaping the public understanding of conflicts and violence [14]. not be implemented in the Middle East especially that Syria is suffering from the intensity of the violence. According to Committee to Protect Journalists, Syria and Iraq were the deadliest reporting destinations in 2017, 46 journalists Since 1874 there have been significant changes to warfare, as were killed worldwide [15]. International Federation of Journalists well as to the way’s journalists report on those wars to the public. reported worldwide in the first half of yeas 2018, 44 killed. Also, Important developments in IHL have followed the major conflicts UNESCO recorded there were over 800 killed during 2006–2015, in the World War I and World War II led to substantial revisions the deadliest years were 2012 (124 cases), 2015 (115 cases) and in the Laws of War with the of July 27, 2014 (98 cases) and 213 journalists lost their lives in 2014–2015, 1929 and the Geneva Conventions of 1949 Article 4: Definition and the Arab State region due to the conflicts in Yemen, Syria, of protected persons: Persons protected by the Convention are Libya and Iraq [16]. those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands Journalists take huge personal risks while performing their of a Party to the conflict or Occupying Power of which they are profession in conflict zones, the majority of them are local not nationals, and is most notable in terms of the widening of reporters and freelancers the most vulnerable ones [17]. the application of some provisions to non-international armed Høiby and Ottosen [18] argue that the reduced safety of journalists conflict, a field IHL had not been previously concerned with, as working in the conflict zones results in absence of journalists in will be discussed in paragraph 3.1.3. such regions. The coverage is more and more based on second- In addition, the addition of Convention IV brought a new hand observation, which automatically affects the quality of application to IHL by seeking protect the civilian population from journalism and also the Poor security conditions of journalists the effects of war. They consist of Convention: undoubtedly lead into situations, in which the objectivity of journalism is risked, the process of information gathering, • For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva Convention I); Statistics have demonstrated that approximately 90–95% of the killed journalists. The rest of the deaths falls upon foreign • Convention (II) for the Amelioration of the Condition of correspondents [15,16]. This numbers of deaths should be treated Wounded, Sick and Shipwrecked Members of Armed Forces at as estimates, because different organizations and institutions Sea (Geneva Convention II); have their own ways of counting the violations and killings, the • Convention (III) relative to the Treatment of Prisoners of War killings are not the only form of violation journalist’s face in their (hereafter Geneva Convention III); and profession, but we need to save the journalists by International Laws [19]. • Convention (IV) relative to the Protection of Civilian Persons in Time of War (Geneva Convention IV). There is much violence against journalists, the safety and security are important measures for media organizations and They entered into force on the 21st of October 1950 and international organizations that try to protect journalists, but currently have 194 state parties and have achieved universal in conflict situations, such protection is not enough, we need acceptance the first country in the Middle East it was Lebanon in protection by enforcing international laws to defend journalists 10.04.1951, then Jordan in 29.05.1951, Egypt in 10.11.1952, if they were killed or tortured. Syrian Arab Republic in 02.11.1953, Iraq in 14.02.1956, Libya 22.05.1956, Morocco in 26.07.1956, Ireland in 27.09.1962, Saudi Legislative International Framework to Protect the Journalists Arabia in18.05.1963, Kuwait in 02.09.1967, Qatar in 15.10.1975, Journalists operating from conflict zoned have long been Palestine in 02.04.2014 offered (limited) protection by International Humanitarian According to the article to protection of journalists, the Geneva Law (IHL) treaties. One of the first IHL provisions to specifically Convention III concerned Article 4A(4) and article 13(4) Geneva mention journalists in high risk can be found in the Project of an Convention I-II , and article 4A(4) they focused on the war International Declaration concerning the Laws and Customs of correspondents: journalists who accompany the armed forces War, Brussels, 27 August 1874. and have been given authorizations by the armed forces to do so. Art. 13. focused on' forbidden 'Employment of poison or “Art 13. (4) Persons who accompany the armed forces without poisoned weapons; Murder by treachery of individuals belonging actually being members thereof, such as, war correspondents, to the hostile nation or army; Murder of an enemy who, having provided that they have received authorization from the armed laid down his arms or having no longer means of defense, has forces which they accompany. surrendered at discretion. This provides war correspondents with the same protection to © Under License of Creative Commons Attribution 3.0 License 3 ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

the journalists in the conflict zone. in that article of the third Security Council update the resolution to protect the journalists Geneva Convention follows the exact the persons, is entitled in 27 May 2015 Resolution 2222. to prisoner of war status upon capture, though Article 13 (3) The Security Council underlining the importance of taking adds that the members of regular armed forces who profess measures aimed at conflict prevention and resolution, on the allegiance to a Government or an authority not recognized by protection of journalists and media professionals in armed the Detaining Power.” Article 13 doesn’t give any protection to conflicts as well as other relevant resolutions and presidential the war correspondents, who would already be receiving the statements, Reaffirming in particular article 79 of the Additional same care that article 13(4) confers to them, under customary Protocol I regarding the protection of journalists , Recognizing law. Moreover, there is little difference between civilian or an that the work of journalists often puts them at specific risk of ‘ordinary’ civilian under Convention IV; if we can see the both , harassment and violence in situations Reaffirming cases focused on the care and protection, they are the same. that parties to an armed conflict bear the primary responsibility Article 4A (4) it’s only the article that concerning war to take all feasible steps to ensure the protection of affected correspondents they give the rights to them. They are treated to civilians, including those who exercise their right to freedom of be as prisoners of war, granting them the full scope of protection expression by seeking, receiving and disseminating information by offered under Convention III. But the reality in the Middle East is different ways, in accordance with Article 19 of the International different because the countries that have ratified the Convention Covenant on Civil and Political Rights, Recognizing the important are the ones who practice violence against journalists the CPJ role of international humanitarian law. Freedom of expression is mention that 123 Journalists Killed in Syria. mentioned in Article 19 of the UDHR. About " Everyone has the right to freedom of opinion and expression; this right includes The article differs from article 81 of Geneva Convention (1929) freedom to hold opinions without interference and to seek, about no longer states that war correspondents are entitled to receive and impart information and ideas through any media and be treated as prisoners of war, it actually gives them the status of regardless of frontiers” and the profession of a journalist – to prisoner of war. seek and impart information – is considered a human right". Also Furthermore, the Conventions I and IV “are covering the whole In the Universal Declaration of Human Rights of 10 December field of human suffering but didn’t focused on journalists .Then, 1948, about the freedom of expression as a human right in they added additional Protocols in 1977 to deal with some of the International Covenant on Civil and Political Rights of 16 the challenges of conflict that had (partly) by the time the 1977 December 1966, and Article 3 of the UDHR, about “Every human Protocols to the Geneva Convention were drafted, this addition being has the inherent right to life. This right shall be protected protect the journalists in conflict zones and they understand the by law”. the Art recognized the UDHR forms support the rights of legal framework which protects journalists. The provisions found war journalists. in the Geneva Conventions of 1949 and the Additional Protocols Moreover, the International Covenant on Civil and Political Rights of 1977 are no longer sufficiently capable of dealing with the realities and dangers of modern the Middle East conflict. (ICCPR) protect the human rights and journalists thought the right to life, from torture and cruel, inhuman or degrading treatment or So that we focused on there are has significant change in the punishment, and from arbitrary arrest or detention and they give challenges war correspondents face in the Middle East conflicts them support by legal frame work right to freedom of expression. the war is now a chemical weapons war compared to the conflicts But the exceptions to the human rights of war journalists’ states fought pre-1977. are able to shirk of their responsibility by two different ways. There are several provisions in the Geneva Convention and their Article 4" In time of public emergency which threatens the life Additional Protocols that protect journalists in conflict zones. But, of the nation and the existence of which is officially proclaimed. they do not concern themselves with journalism and make no We can see the derogation of certain human rights and freedoms statements on the legality or justification of journalistic activities is meant as an ‘exceptional and temporary’ measure, like the in such areas. emergency case in the Syria armed conflict know in that case After the Iraq war in 2003 and the increasing number of of a ‘public emergency’ In addition the county should following journalists killed and the frequency of acts of violence, including conditions must be satisfied: deliberate attacks, in many parts of the world against journalists, • Firstly, the principle entails that solely measures that are strictly media professionals and associated personnel, in armed conflicts, necessary the Security Council condemned such attacks and published the resolution 1738 (2006), the Council recalled, “without prejudice to • Secondly, does not give a free pass to neglect other international the journalists war correspondents’ right to the status of prisoners obligations of war under the Third Geneva Convention, that journalists and • Thirdly, derogation is not allowed from all human rights. media professionals engaged in dangerous professional missions A state and its military can, therefore, not use Article 4 of the in conflict zone shall be considered civilians, to be protected as ICCPR to remove war journalists. But the realty it’s not seems like such. All parties in situations of conflict were urged to respect the that a thousand journalists are arrested, the war journalist must professional independence and rights of journalists as civilians”. be brought before a court to decide upon the lawfulness of his/ After 2011, violence increased against the journalists so that the her detention. 4 This article is available in: http://www.globalmediajournal.com ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

In Article 19, paragraph 3 of the ICCPR it is stated that restrictions to save them. The result is a rather complicated legal framework to the right to freedom of expression are permitted." Everyone that is not always easy to apply in practice from conflict zone most shall have the right to hold opinions without interference. of the countries in the Middle East they didn’t have government because Terrorist groups controlled most of the region it’s not This article carries with it special duties and responsibilities. It easy to apply this laws. According to that, the journalists want may therefore be subject to certain restrictions, but these shall to develop an updated legislative framework that works for all only be such as are provided by law and are necessary: countries and if States abandon this law, the state will try an (a) For respect of the rights or reputations of others; international trial. (b) For the protection of national security or of public order, or of This study from the point of view of correspondent’s war who public health or morals. works in the conflict zone they want to apply these laws from On 18 December 2013 General Assembly Resolution adopted their point of view not from the perspective of international report of the Third Committee 68/163 about the safety of organizations. journalists and the issue of impunity the General Assembly, United Nations agencies, funds and programmes were invited to The Research Questions work with Member States towards a free and safe environment This study will review the valiance against journalists in the for journalists and media workers in both conflict and non-conflict conflict zone and the legal framework will protect them, evaluate situations, with a view to strengthening peace, democracy and aspects which are unclear, explore to what extent it falls short development worldwide. in providing the necessary protection and consider the scope for addressing any potential shortfalls through the creation of a Research Design and Method dedicated convention for the protection of journalists. It will do this through the following research question: In order to collect data, the current study uses semi-structured interviews. An interview guide will be developed and applied RQ1. What is the demographic profile of journalist’s war in each country studied, allowing for some minor flexibility correspondents? according to the specific conditions of the two sites of study. RQ2. The extent of knowledge of some legal texts related to the Thus, to base the global understanding of the media element of work of journalists in international conventions. the ‘Legislative International Framework "on key international RQ3. The adequacy of previous conventions to protect the legal documents. Such normative texts serve as a source of study journalists in armed conflict. and present a valid reflection of the ideas, beliefs and concepts shared by many, while accord on their meaning is usually RQ4. The forms of protection that journalists want to develop it reached by agreement that results from viewpoint journalists and they needs the international laws to be observed. to put a legislative policy framework to protect the journalists RQ5. The importance of the following proposals to protect will be based on the current transitional situation, including journalists in armed conflict. media practices, protection of journalists in Middle East in armed conflict zones. RQ6. The knowledge of the most important laws governing their professional work. The Problem of the Study RQ7. The violations against journalists and restrictions on press journalists suffer all forms of violence against them, but they are freedom. choose to work bravely, in several different ways, given dangers RQ8. Developing a legal framework to protect the journalists. that define the news business in this region, including dangers from active civil wars, guerrilla and militia groups, terrorism The Aims of the Study like ISIS, foreign military occupations and armies, political intimidation, and the power of mass public opinion. While The aim of the research, a combination of qualitative (semi- there is heroism in working in the face of all these threats, and structured interviews, desk research), and quantitative confront the control mechanisms of their ruling power structure. (bibliometric analysis, survey) research methods were employed They defy existing rules, run against the grain of prevailing in order to generate as rich a data set as possible. The term ‘mixed public opinion, raise unpleasant issues for public discussion, and strategy research’ is about combining quantitative and qualitative demand that public or official power be exercised equitably and research. But Denscombe focused on, different kinds of data can humanely, according to internationally accepted standards of be produced by adopting a mixed method approach, to provide democratic pluralism and human rights. Hundreds of journalists a base line for protection, which solely seeks to protect the lives who have acted with such courage have been jailed, threatened, of journalists through a legal framework, on which further and intimidated and even killed after the Arab spring revolutions. wider protection subsequently can be built to develop the issues Several prominent journalists have recently been killed or injured relating to journalistic content and and the in bomb attacks in Syria, Libya, Yemen, Iraq and Lebanon. study focused on the further limited to the approach taken to protecting journalists at the international level and does not The problem of the study focused on the law didn’t protect the significantly engage with domestic legislation, trying to develop journalist’s and the journalists developed new legal framework a new legal framework to protect journalists through in-depth © Under License of Creative Commons Attribution 3.0 License 5 ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

interviews. 51 interviews were conducted, from “Yemen, Syria, times of armed conflict with ratio 51% because law enforcement Egypt, Libya, Iraqi, Jordan, Tunisia, Morocco and Palestine encompasses following basic of responsibilities: maintaining journalists”. public order and security, preventing and detecting crime, and providing assistance. Findings of the Study To fulfill their mission, law enforcement officials exercise the The findings of this study are organized based on the order of the following basic powers: arrest, detention, search and seizure, items listed in the questionnaire. and the use of force and firearms. However, in the Middle East According to the gender 46 male with percentage 90.2% and 5 the armed forces are usually neither trained nor equipped for female with percentage 9.8% and the age between 30 to 40 years such tasks (Figure 4). with 54.9% and from 40 to less than 50 years 35.3%, Moreover, The journalists said we have some information about the 5.9% by less than 30 years and 50 years or more with 3.9% about definition of international law with proportion 47.1% they the educational level, 70.6% journalists have MB, while 29.4% said we just only got training about freedom of expression they have got mast and Ph.D. and media freedom as a precondition for development of the The work of journalists, all journalists were war correspondents, democratic relations in the society; - Media pluralism and media of which the chief editor was 43.1%, the photographer 11.8%, the concentration; - Regulation of the content of programmed; - The war correspondent 9.8%, the independent war correspondent right to privacy and protection of personal data; - Regulation of 25.5% and the editor the 9.8%. and protection of journalistic sources, notification of court proceedings and the right to reply and correct, but we Number of years of experience from 5 to less than 15 years was didn’t know the international legal framework to protect the 64.7%, followed by 15 for less than 25 years, the proportion was journalists in the Middle East (Figure 5). 25.5% and the proportion was equal less than 5 years and 25 years and above, reaching 5.9% and 3.9%. The graph shows the journalists know Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949 Nationality, 41.2% were Yemeni journalists, and the proportion of the journalists said we know about Article 4 / A 4 to the war Syrian and Egyptian journalists was 13.7%. The Libyan journalist correspondents who accompany the armed forces without being was 11.8% and 5.9% were Iraqi journalists and 3.9% were part of them without giving a definition to the journalist, with Jordanian journalists. And 2% for Algerian, Tunisian, Moroccan, percentage 64.1%, the second rank with 62.7% its focused-on Sudanese and Palestinian journalists (Figure 2). Protocol Additional to the Geneva Conventions 1949. The third The graph shows the journalists didn’t know any information rank by 60.1 about Geneva Convention (1929). With Article 81 about the international laws with percentage 52.9% this means states that individuals who follow the armed forces without we need to raise awareness about international law to protect directly belonging thereto. 56.9% about Hague Convention IV in journalists (Figure 3). 50% 47.1% The journalists said not enabled to know law enforcement in 43.1% 40% 30% 60% 52.9% 20% 50% 43.1% 9.8% 40% 10% 30% 0% Yes To some extent No 20% Knowledge and background about the definition of 10% 4.0% Figure 4 journalist in international law. 0% I know him very well I only heard about him I do not know him Extent of knowledge of international law. Figure 2 66% 64.1% 64% 62.7% 62% 60.1% 60% 60% 51.0% 58% 56.9% 50% 56% 54% 40% 52% Convention (III) relative Protocol Additional to The Geneva Hague Convention IV 30% 25.5% 23.5% to the Treatment of the Geneva Convention (1929) . Its (18 October 1907) Prisoners of War. Conventions of 12 official name is the Convention Respecting 20% Geneva, 12 August August 1949, and Convention relative to the Laws and Customs 1949 relating to the the Treatment of of War on Land 10% Protection of Victims of Prisoners of War, International Armed Geneva July 27, 1929 Conflicts (Protocol I), 8 0% June 1977. Somewhat effective Not enabled I can not identify Figure 5 The extent of knowledge of some legal texts related to Figure 3 The extent of law enforcement in times of armed conflict. the work of journalists in international conventions.

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(18 October 1907) Convention Respecting the Laws and Customs Moroccan journalists assured: “There are rules for protection in of War on Land the journalists know about Art. 13 (Figure 6). accordance with the provisions of the Fourth Geneva Convention of 1949, the Additional Protocol I, the Second Protocol of 1977 Journalists said the laws were not enough to protect journalists. on Non-International Conflicts and the UN Security Council Because these agreements since the Second World War, but Resolution 1738 of 2006. However, in 2019 there is no single law there have been changes in the Arab countries and there have for the protection of journalists in the Middle East since 2011, been wars that led to the killing of one thousand journalists and despite the increasing numbers of journalists killed and Moroccan citizens and the displacement of millions. Therefore, we need to journalists, they want to develop a modern international law to re-amend the laws to bring them into line with current conditions develop forms of protection”. for the protection of journalists. Iraqi journalists confirmed: “The Arab world must be reformed The forms of protection that journalists want to develop it and the way it is judged first. International organizations must they needs the international laws to be observed. intervene and stop the war.” The journalists want to develop new legislation laws in the To assess the reality of the press work is linked to the extent Middle East so that most of the journalists put articles and they of freedoms, even the authorities have media and without need the international organization to implement it. According to evaluation is possible to be the facade of any media power in the questioner the Egyptian journalists said: the media is absent in the work must protect the journalist and We need in our laws put article to protect the journalists and immunity and work to force the application of laws to protect develop the work environment of the journalist. The most journalists. important thing the reporters need to put a code of ethics A Libyan journalist says that we need implementation of that provides for the cooperation of all governmental and non- the agreements. “Developing the internal system of media governmental entities in providing security in regard to the institutions through monitoring institutions with journalists. Set journalist's information that may endanger him. Journalists a clear definition of the war correspondent with clear procedures should not be harassed and harassed while trying to obtain for how to protect them. Provide international protection and information. Tighten sanctions against governments or any rescue the journalist for his family when he arrested by the local organization targeting journalists and arresting them. authorities in the country where he works”. Yemeni journalists mention, “We need protection: Protection against all forms of physical and moral restrictions, violence Two editor journalists said unfortunately, it is impossible to and abuse, protection of families of journalists, ensuring access develop in the Middle East because the journalist has hundreds of to information, protection against all forms of professional red lines and therefore he has to work within the laws set by the blackmail and moral assassination of journalists, correspondents ruling or the ruling parties. Review the current legal legislation. and opinion writers. Pressure by all means to activate laws We need a law dedicated to journalists under international law through international organizations”. or a constitution to protect the Libyan state. There should be laws that all parties are committed to protect Algerian journalists want to provide financial and psychological journalists in areas of conflict, Yemen is now suffering from wars support and even changing the place of residence for reasonable and no one can stop the arrests every day. periods so that the journalist can regain his ability to pursue his work. Enacting advanced laws, teaching soldiers the basics Syrian journalists said, “Developing, monitoring and implementing of protecting journalists and including protecting journalists in laws in Syria There is no international support to protect the university curricula. journalists. Granting the journalist immunity and guarantees of his safety and freedom by all the organs of the state. Not to Tightening the punishment for the aggressor against journalists, be subjected to coercion, assassinations and the establishment especially security men. Develop laws to protect and defend the of a law of physical protection. Forming a special committee to journalist. follow up on violations of press freedoms. Adopting conventions of honor and protection treaties for journalists. The existence of Physical protection; protection from detention, protection from laws of protection but not effective we need now after the wars incitement, insulting, defamation, and protection of the source of the Middle East.” of material rights of the journalist. As we know that most of the laws do not work during the wars. What is required is to try to include deterrent decisions of the aggressors to journalists, 100% 84.3% regardless of their affiliation or condition. 80% Jordanian journalists: In addition to international laws, there 60% should be domestic legislation at the national level to protect 40% journalists and limit their targeting. 15.7% 20% The majority of Arab countries do not have laws that protect 0% Yes No journalists, and a journalist can be arrested or detained simply to write his opinion and express it. Trying to quit journalism Figure 6 The adequacy of previous conventions to protect the and developing a content monitoring mechanism so that the journalists in armed conflict. journalist will not continue to use the values of democracy. © Under License of Creative Commons Attribution 3.0 License 7 ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

Correspondents are treated as ICRC Red Cross personnel: the conflict zone, according to what is important for them in the Middle East. The first percentage with 98.7% about “The urgent There must be protection in wars with a definition of the journalist need for additional international humanitarian instruments with a penalty for those who harm the journalist. to ensure better protection for journalists in areas of armed The role of the journalist in obtaining information and protecting conflict”, and “the State bears full responsibility for the actions the media in the conflict zones and not using the media in of its armed forces as provided for in article 7 of the draft articles propaganda work. on State responsibility for illegal international acts”. The third rank with 97.4% it’s about.” Individuals who commit crimes A Tunisia journalists definite monitor the situation of journalists against journalists during armed conflict, whatever the reasons. at risk and communicate with them and provide opportunities for These crimes are considered war crimes because journalists return to work. Protection from targeting and arrest and granting are civilians according to the content of the Fourth Geneva him genuine freedom of press. Developing laws to ensure that all Conventions of 1949, Protect the media as a civic institution, not restrictions are lifted before the journalist's work. to target the civic sites and even areas of UNESCO's activities On the other hand, Palestinian journalists interviewed said and the media and its institutions and the role of journalists in activating the role of monitoring the implementation of the obtaining information related to armed conflicts to enlighten agreements and activating the protection laws and monitoring peoples. The last proportions with 93.8%%do not use the media their implementation. Journalists should get training courses to for propaganda purposes. working in conflict zones. Securing, resettling, protecting and Evaluate journalists for their knowledge of the most important assisting independent journalists and their families to get out of laws governing their professional work: conflict areas. Ensure access to information to serve the work of humanitarian organizations and ensure the activation of laws. Do journalists have knowledge of the most important laws There must be clear laws in the Arab constitutions that protect governing their professional work? (Figure 8). The journalists journalists. said we have some extent information about the laws with percentage 58.8% and we need more courses to know every At the end Ahmed Hasan Egyptian war correspondent he covered think about international laws the last rate with 3.9% two the conflict zones in many places such as Libya, Tunisia, Iraq and journalists from Libya hey didn’t have any information about the Syria he summarizes what the journalists need: laws they said how can we know about this information even Protection of freedom of expression and right to information though there is no constitution so far since the revolution and Protection of freedom of movement Security of journalists. we didn’t have national government? This is not a country we Provide all means of security and safety for them and not to hope that international organizations protect and enforce the be exposed to them while exercising. A law requiring military laws (Figure 9). forces to commit to special plans for the protection of their Most of the journalists suffered from the effects war on press accompanying military correspondents who were not part of freedoms harassment and detention with percentage 82.4% and them in the case of military operations against terrorist groups they said there are no new laws to protect journalists with 66.7%. known to kill journalists who are not recognized by international Moreover, 2% with violations against the journalists and the law and its provisions, constitution of each Arab country does not protect journalists, As well as the presence of armed escorts throughout his presence because the Middle East countries do have constitutions that in liberated areas suspect and the presence of some terrorist pay tribute to the values of freedom of speech and information, elements. He was given the right to access information on but in reality, these protections are often superseded by laws military concentration areas, the frontline map and minefields, that criminalize press commentary that, according to these to help him escape in the event of military disasters (Figure 7). regimes, insults the political leadership, breeds “hate,” supports There are many proposals to protect the security of journalists in “terrorism,” or threatens national security. The methods

100% 70% 98.7% 98.7% 99% 97.4% 97.4% 97.4% 97.4% 58.8% 98% 60% 97% 96% 94.8% 94.8% 50% 95% 93.8% 94% 40% 37.3% 93% 92% 30% 91%

20%

10% 3.9%

0% they have information about To some extent information they didn’t have any the laws about the laws information about the laws

Figure 7 The importance of the following proposals to protect Figure 8 Knowledge of the most important laws governing journalists in armed conflict. professional work.

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employed to enforce a regime of censorship vary from the Bahrain, Egypt, Iran, Saudi Arabia, Syria and, United Arab downright thuggish to more nuanced tactics. The absence of Emirates, and the government owns all forms of media and only outright violence does not necessarily signify that a country reports good news or propaganda. Also, the journalists said the enjoys a freer media landscape than a country where journalists government used harassment against the journalists with 87.6%. are regularly murdered (Table 1). On the other hand, 86.9% with risks associated with military operations, the lowest percentage with 75.2% harmful exposure Majority of journalists said we have got obstruct journalists from to family journalists. Safeguards that must be guaranteed and performing their media duties in times of armed conflict with guaranteed by the international conventions for the protection 93.5%, then 88.2% the regime used censorship. Censorship is a of journalists (Table 2 and Figure 10). policy used by governments to retain control over their people by preventing the public from viewing information considered The majority of the journalists should guarantee articles to by the republic as holding the potential to incite a rebellion. The protect journalists 97.4% with the right to express opinion majority of nations in the Middle East censor the media, including without fear, then 96.7% with the non-exercise of physical abuse

90% 82.4% 80% 70% 66.7% 60% 54.9% 52.9% 50% 40% 30% 20% 10% 2.0% 2.0% 0% Absence of The effects war No new laws to Weak legal violations The laws and on press protect structure constitution of regulations freedoms journalists each Arab governing the harassment country does profession of and detention not protect journalism journalists journalists...

Figure 9 The violations against journalists and restrictions on press freedom (N=51).

Table 1 Threats face the journalists in armed conflict zone. Face the journalists Always Sometimes Rarely Relative weight Physical liquidation 26 23 2 82.4% 51% 45.1% 3.9% Imprisonment or police custody 31 20 - 86.9% 61.8% 39.2% - Kidnapping and enforced disappearance 26 24 1 83% 51% 47.1% 2% Harmful exposure to family journalists 18 28 5 75.2% 35.3% 54.9% 9.8% Censorship of journalists 34 16 1 88.2% 66.6% 31.4% 2% Harass them 35 13 3 87.6% 68.6% 25.5% 5.9% Refusing the movement of journalists within conflict zones 29 17 5 82.4% 56.9% 33.3% 9.8% Personal and professional defamation 27 18 6 80.4% 52.9% 35.3% 11.8% Concern over the frequency of violence against journalists 31 19 1 86.3% 60.7% 37.3% 2% Risks associated with military operations 32 18 1 86.9% 62.7% 35.3% 2% To obstruct journalists from performing their media duties 41 10 - 93.5% in times of armed conflict 80.4% 19.6% - 9 This article is available in: http://www.globalmediajournal.com ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

Table 2 International conventions should guarantee articles to protect journalists. Face the journalists Always Sometimes Rarely Relative weight Rights and freedoms guaranteed by the new constitution of 45 3 3 94.1% the Arab States 88.2% 5.9% 5.9% Freedom of ideas without Censorship 44 6 1 94.8% 86.2% 11.8% 2% Rights and freedoms guaranteed by the new constitution of 45 6 - 96.1% the Arab States 88.2% 11.8% - Freedom to cover the news in army conflict zones and send 43 7 1 94.1% the information to the public. 84.3% 13.7% 2% Every journalist has the right to issue the news, and the states 44 6 1 94.8% must respect this right 86.3% 11.8% 2% The right to express opinion without fear 47 4 97.4% 92.2% 7.8% Journalists are not detained by regime forces or by terrorist 46 5 96.7% groups 90.2% 9.8% The non-exercise of physical abuse against journalists and 46 5 96.7% those exercising this right will be subject to international 90.2% 9.8% arbitration

98% 97.4% 97% 96.7% 96.7% 96.1% 96% 94.8% 94.8% 95% 94.1% 94.1% 94% 93% 92%

Figure 10 International conventions should guarantee articles to protect journalists. against journalists and those exercising this right will be subject Individuals who commit crimes against journalists during armed to international arbitration and Journalists are not detained by conflict, whatever the reasons, are considered war crimes because regime forces or by terrorist groups. journalists are civilians according to the content of the Fourth Geneva Conventions of 1949 and the Additional Protocol of 1977. Furthermore, 96.1% with rights and freedoms guaranteed by the new constitution of the Arab States, and 94.8% with every But after the war on the Middle East, the journalists found the react to the activation of a new substance and put it in the annex journalist has the right to issue the news, and the states must to the Protocol 2019. respect this right. The last percentage with 94.1% by freedom to cover the news in army conflict zones and send the information ‘Prevent the arrest, threat and killing of journalists as "Anyone to the public. who commits crimes against journalists or any of the acts set forth in the preceding articles of international conventions shall Conclusions: Developing a Legal be punished in accordance with international law. Framework to Protect the Journalists As well as compel governments to respect signed laws and conventions for journalists. Immunities must be granted to As a point of departure in this research, we raised the concern independent journalists in conflict zones. Implementation a that the threats and dangers facing journalists covering conflicts code of international honor that respects the rights of journalists represent a threat in the long run so that the journalists develop and allows them to exercise their work. The Implementation of new legal framework and they need international laws to take the law of free circulation of information to all Arab countries, into consideration: allowing to transmission of information to the public. 10 This article is available in: http://www.globalmediajournal.com ARCHIVOSGlobal Media DE MEDICINA Journal 2019 ISSNISSN 1550-7521 1698-9465 Vol.17 No.32:168

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